Kabwe, Zambia – Justice Ruth Hachitapika Chibbabbuka yesterday continued hearing the testimony of Emmanuel Simposya, a 24-year-old UPND cadre, who recounted the events that occurred on April 8, 2023, during the Muchinda Ward Council By-Election campaign in the Kamalamba area of Serenje District. The shooting incident left lasting physical and emotional effects on the victims.

The case, prosecuted by Director of Public Prosecutions Mr. Gilbert A. Phiri, SC, and Deputy Chief State Advocate Mercy Lungu, Head of the Appeals Department at the National Prosecution Authority, involves Socialist Party President, Dr. Fred M’membe. He faces multiple charges related to the alleged shooting and subsequent assault on the victims.

Under cross-examination, Simposya testified how Dr. M’membe, without provocation, fired two shots into the air before advancing towards him and shooting in his direction. The bullet grazed his ear and the side of his head, causing an injury that continues to affect him to this day. Simposya further explained that he and other UPND members were traveling in a Toyota Prado vehicle to deliver food supplies to a UPND camp when they encountered a vehicle blocking their path. He exited the vehicle to negotiate with the driver to clear the road and saw Dr. M’membe standing by a structure Simposya identified as the Mother’s Shelter. Simposya testified that Dr. M’membe fired a shot into the air, followed by a second shot, before allegedly aiming directly at him, grazing his ear and side of his head.

Simposya also testified that Dr. M’membe’s co-accused, Daniel Mumba, who serves as Dr. M’membe’s security officer, approached from behind and discharged a Taser into his back, causing him to fall and lose consciousness. Simposya recalled that a third individual, identified as the Socialist Party candidate for the council by-election, restrained him by holding his head between his thighs, while Dr. M’membe allegedly stepped on his feet. Both Dr. M’membe and Mumba then proceeded to beat him, with Mumba reportedly using a knife to stab Simposya in the hand.

A large crowd of Socialist Party supporters gathered at the scene and reportedly joined in the assault, beating Simposya as he lay on the ground.

The second witness for the prosecution, Haggai Kwenda, corroborated Simposya’s account. Kwenda, who was with Simposya during the food distribution errand, testified that upon witnessing the altercation, he ran to assist Simposya but was intercepted by Dr. M’membe. He claimed that as he tried to lift Simposya, Dr. M’membe struck him on the shoulder with a stick, causing an injury. Mumba, according to Kwenda, then struck him on the wrist with a thick stick, resulting in injuries that required medical treatment. Despite this, Kwenda managed to lift the unconscious Simposya and carried him to a vehicle, which transported them to Ndabala Police Station, followed by stops at Serenje Police Station and finally Serenje District Hospital for medical attention.

In a ruling on the admissibility of evidence, Justice Chibbabuka addressed an objection by the State concerning a defence application to introduce a video recording of the complainant, filmed at the hospital by social media blogger Simon Mwewa. Justice Chibbabuka ruled that the video could not be admitted into evidence unless Mwewa testified in court, laying a proper foundation for the evidence.

Dr. M’membe faces three charges:

• Acts Intended to Cause Grievous Harm, under Section 234(a) of the Penal Code, Chapter 87 of the Laws of Zambia;
• Assault Occasioning Actual Bodily Harm (against Emmanuel Simposya), jointly with Daniel Mumba, under Section 248 of the Penal Code;
• Assault Occasioning Actual Bodily Harm (against Haggai Kwenda), jointly with Daniel Mumba, under Section 248 of the Penal Code.
  Dr. M’membe’s defence team comprises lawyers Leon Lemba, Simon Mwila, Malisa Bhatakati, Boniface Chiwala, and Timmy Munalula. The trial is ongoing, with further testimonies expected to provide additional insights into the events of April 8, 2023.